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Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......atch and purchased its entire 70% shares in writ petitioner No.1-company. (i) On 10.08.2010, the Board of Directors of writ petitioner No.1-company passed a resolution to issue right shares with a view to increase its capital and thereafter offered respondent Nos. 1 and 2 to subscribe for the rig..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......(part) and 1435 (part) of Chittagong Agrabad Commercial Area for running his business. On 19.09.2000, office of writ-respondent No.1 received the application with a remark to take necessary steps. In view of the aforesaid application of the writ-petitioner, writ-respondent No.4 issued allotment lett..

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......nment with regard to their “possible absorption/appointment to specified posts on the basis of the nomination latter issued by vide memo No.SA.MA.DS (SP)/MA-2/2469/73-1891 dated 5.11.1985” with a view to seeking redress for their grievances. 4. Those are mere observations of the High Court D..

Category: Others | Date: | Hits: 138

Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......ho intends to invoke fundamental right for challenging the vires of a law will seek his remedy under Article 102(1), but in all other cases he will be required to seek remedy under Article 117(2). In view of this decision by the Appellate Division, the petitioners, in our view, have remedy for viola..

Category: Employment/Service Law | Date: | Hits: 91

Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)

....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......of SROs issued subsequent to the date of opening of the respective letter of credit vested right of the respective petitioner has been adversely affected and such vested right cannot be taken away in view of the decision of the Appellate Division in the case of Collector of Customs Vs. Ahmed Hossain..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)

....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......appeal is preferred by the convict in that case notice to the Government would be substantial compliance of the provision of section 422 of the Code of Criminal Procedure. I find support to the above view in the case of Kveeranna Vs. NS Mastan reported in AIR 1960 Andhra Pradesh 311. In the above ca..

Category: Criminal Law | Date: | Hits: 63

Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......n perusal of the petition and the records it appears from the order sheets of the trial Court i.e. the Special Tribunal admittedly did not publish any notice in 2 widely circulated daily newspaper in view of section 27(6) of the Special Powers Act. It further appears that the Magistrate published no..

Category: Criminal Law | Date: | Hits: 63

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......he Vice‑Chancellor is not cumbersome. It is equally efficacious and the petitioner should have exhausted the alternative remedy of appeal to the Vice‑Chancellor before coming to this Court. In view of the above, we are of the opinion that the writ petition is not maintainable. In the resul..

Category: Employment/Service Law | Date: | Hits: 120

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......he corporation. He was just sending letter after letter keeping him away from the office of the Shipping Corporation. Mr. Khandaker further submits that such a joining report could not be accepted in view of the fact that it was a conditional joining report in as much as he prayed for his promotion ..

Category: Others | Date: | Hits: 142

Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)

.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......e. There is no bar in law to execute the decree passed in a suit for specific performance of contract to put the decree holder into possession of the land or property decreed by the trial Court. This view is supported by the decision in the case of Maksud Ali and another Vs. Eskandar Ali 28 DLR (AD)..

Category: Civil Law | Date: | Hits: 86

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......in Bangladesh and abroad was preparing to frustrate the observance of the 15th August as the day of mourning and assassinating the head and high-ups of the Government on that thy and with that end in view he was secretly collecting arms through the international networks of arms smugglers’ syndica..

Category: Criminal Law | Date: | Hits: 76

Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......xplained to him how he committed criminal trespass by entering into that office, it is not possible on his part to understand what offence was committed by him if only the section is mentioned. In my view, the failure of the trial Court in not mentioning the particulars which are required to be ment..

Category: Criminal Law | Date: | Hits: 58

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ......ppellate authority under the Port Authorities Land and Buildings (Recovery of Possession) Ordinance, 1962 (Ordinance No. IX of 1962), hereinafter referred to as the Ordinance, on an application for review/setting aside the order dated 23-3-1991 made in Port Appeal No.14 of 1990 dismissing the same w..

Category: Property Law | Date: | Hits: 103

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

....on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ......ul Hossain, full brother of the vendor, and he was fully aware of the disputed sale. It was further contended that following the purchase he duly went into possession of the case land within the full view and knowledge of Abul Hossain and his sons, the pre-emptors, and he has been in continuous poss..

Category: Property Law | Date: | Hits: 78

Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)

....he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......dge for such a Court and that Judge is called the Sessions Judge. Under sub-section (3) of that section, the Government may also appoint Additional Sessions Judge and Assistant Sessions Judge. So, in view of the provisions of section 408 read with section 9 of the Code, it appears to me that an appe..

Category: Procedural Law | Date: | Hits: 69

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....ng the suit property as an enemy property subsequently vested property on the basis of a case started in late 1975 the learned Courts below evidently erred in law in passing the impugned judgments on erroneous view of law. 10. In the present case the plaintiff never abandoned his rights in the su......t property as an enemy property subsequently vested property on the basis of a case started in late 1975 the learned Courts below evidently erred in law in passing the impugned judgments on erroneous view of law. 10. In the present case the plaintiff never abandoned his rights in the suit propert..

Category: Property Law | Date: | Hits: 111

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ...... and marked as Exhibit 3. 16. The similar is the case of the divorce notice allegedly sent by the defendant No.1 on 25-3-1981, the Exhibit 4 and same also was not proved by the plaintiff. Thus, in view of the total denial of marriage by the defendant with the plaintiff and plaintiffs failure to p..

Category: Family Law | Date: | Hits: 185

Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)

....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......he petitioner himself has not taken the loan. Only by inheritance he may have to face the consequences. And that liability has to be settled before the operation of such law. Therefore, we are of the view, in the facts and circumstances of the case, the operation of section 7(2)(g) of the Ordinance ..

Category: Election Law | Date: | Hits: 153

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....e enrol­ment of a property as waqf under section 47 or 49 is not a decision under section 50 of the Or­dinance as to the waqf character of the proper­ty. The learned Single Judge of the High Court erroneously preceded on the basis that the en­rolment made by the Administrator was a de­cision un......this appeal the question of competency of suit filed in the Civil Court, namely, Title Suit No. 174 of 1966 in the Court of Munsif, Sunamganj, Sylhet, challenging the enrolment of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by..

Category: Trust/Waqf Law | Date: | Hits: 136

Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)

....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......m the managed comptnies in pursuance of a resolution and that is why these commissions have not been shown in the income tax return as no such income accrued or arose. The Income Tax Officer took the view that the assessee was entitled to receive the commission from the managed companies and as such..

Category: Fiscal/Taxation Law | Date: | Hits: 124